PC - 1.07. DEFINITIONS

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br2996
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67237
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PC - 1.07. DEFINITIONS
Updated:
2011-03-01 05:37:17
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Texas Penal Code Definitions
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PC
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  1. ____means a bodily movement, whether voluntary
    or involuntary, and includes speech.
    "Act"
  2. _____means a person whose criminal
    responsibility is in issue in a criminal action.
    "Actor"

    Whenever the term "suspect" is used in this code, it means "actor."
  3. ___means: includes authority, board, bureau, commission, committee, council, department, district, division,
    and office.
    "Agency"
  4. ___has the meaning assigned by
    Section 1.04, Alcoholic Beverage Code.

    1.04. DEFINITIONS. In this code:
    (1) ____ means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.
    "Alcoholic beverage"
  5. ___means a person other than the actor.
    "Another"
  6. ___means a government or governmental subdivision or agency, trust, partnership, or two or more
    persons having a joint or common economic interest.
    "Association"
  7. ___means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested.
    "Benefit"
  8. ____means physical pain, illness, or
    any impairment of physical condition
    "Bodily injury"
  9. _____means a threat, however communicated:
    (A) to commit an offense;
    (B) to inflict bodily injury in the future on the person threatened or another;
    (C) to accuse a person of any offense;
    (D) to expose a person to hatred, contempt, or ridicule;
    (E) to harm the credit or business repute of any person; or
    (F) to take or withhold action as a public servant, or to cause a public servant to take or withhold action.
    "Coercion"
  10. ____means an act or omission and its
    accompanying mental state.
    "Conduct"
  11. ___means assent in fact, whether express or apparent.
    "Consent"
  12. ___has the meaning assigned
    by Section 481.002, Health and Safety Code.

    ____means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance
    "Controlled substance"
  13. ___includes nonprofit corporations,
    professional associations created pursuant to statute, and joint
    stock companies.
    "Corporation"
  14. __means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. The term includes:
    (A) a municipal or county jail;
    (B) a confinement facility operated by the Texas Department of Criminal Justice;
    (C) a confinement facility operated under contract with any division of the Texas Department of Criminal
    Justice; and
    (D) a community corrections facility operated by a community supervision and corrections department.
    "Correctional facility"
  15. ____is defined in Section 6.03
    (Culpable Mental States).

    6.03
    A person acts with ___, or is ___, with respect to circumstances surrounding
    his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
    "Criminal negligence"
  16. __has the meaning assigned by
    Section 483.001, Health and Safety Code

    483.001
    ___means a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). The term includes a device or a drug that bears or is required to bear the legend:
    (A) "Caution: federal law prohibits dispensing without prescription" or "Rx only" or another legend that complies with federal law; or
    (B) "Caution: federal law restricts this drug to use by or on the order of a licensed veterinarian."
    "Dangerous drug"
  17. means:
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious
    bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
    "Deadly weapon"
  18. __has the meaning assigned by Section
    481.002, Health and Safety Code.

    481.002
    means a substance, other than a device or a component, part, or accessory of a device, that is:
    (A) recognized as a drug in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or a supplement to either pharmacopoeia or the formulary;
    (B) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
    (C) intended to affect the structure or function of the body of man or animals but is not food; or
    (D) intended for use as a component of a substance described by Paragraph (A), (B), or (C).
    "Drug"
  19. ____includes consent by a personlegally authorized to act for the owner. (part 1)
    "Effective consent"
  20. "Effective consent"....Consent is noteffective if: (part 2)
    • (A) induced by force, threat, or fraud;
    • (B) given by a person the actor knows is notlegally authorized to act for the owner;
    • (C) given by a person who by reason of youth,mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
    • (D) given solely to detect the commission of anoffense.
  21. ____means a facility that generates electric energy for distribution to the public.
    "Electric generating plant"
  22. ____means a facility used to switch or change voltage in connection with the transmission of electric energy for distribution to the public.
    "Electric utility substation"
  23. ____means
    (A) the forbidden conduct;
    (B) the required culpability;
    (C) any required result; and
    (D) the negation of any exception to the offense.
    "Element of offense"
  24. ____means an offense so designated by law or punishable by death or confinement in a penitentiary.
    "Felony"
  25. _____means:
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision.
    "Government"
  26. _____means anything reasonably regarded as loss, disadvantage, or injury, including harm to another personin whose welfare the person affected is interested.
    "Harm"
  27. ____means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth.
    "Individual"
  28. ____is defined in Section 6.03 (Culpable Mental States).

    PC 6.03
    ___with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
    "Intentional"
  29. ____is defined in Section 6.03 (CulpableMental States).

    PC 6.03
    ___with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts ____ with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
    "Knowing"
  30. ___means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute.
    "Law"
  31. ____means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail.
    "Misdemeanor"
  32. ___includes affirmation.
    "Oath"
  33. ____means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant.
    "Official proceeding"
  34. ___means failure to act.
    "Omission"
  35. ____means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument.
    "Owner"
  36. ___means a person elected, employed, or appointed as a ______under Article 2.12,Code of Criminal Procedure, Section 51.212 or 51.214, Education Code, or other law.
    "Peace officer"
  37. ____means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense.
    "Penal institution"
  38. ____means an individual, corporation, or association.
    "Person"
  39. ____means actual care, custody, control, or management.
    "Possession"
  40. ____means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
    "Public place"
  41. ____means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
    (A) an officer, employee, or agent of government;
    (B) a juror or grand juror; or
    (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
    (D) an attorney at law or notary public when participating in the performance of a governmental function; or
    (E) a candidate for nomination or election to public office; or
    (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so.
    "Public servant"
  42. ___means a belief that would be held by an ordinary and prudent man in the same circumstances as the actor.
    "Reasonable belief"
  43. ___is defined in Section 6.03 (CulpableMental States).

    PC 6.03
    ___with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances existor the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
    "Reckless"
  44. ___includes regulation.
    "Rule"
  45. ____means:
    (A) a municipal or county jail; or
    (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.
    "Secure correctional facility"
  46. ___means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
    "Serious bodily injury"
  47. ____means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. The term includes a check, an electronic debit, or an automatic bank draft.
    "Sight order"
  48. ____includes affirm.
    "Swear"
  49. ___means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
    "Unlawful"
  50. ____includes, for an individual who is an unborn child, the failure to be born alive.
    (b) The definition of a term in this code applies to each grammatical variation of the term.
    "Death"

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